This Document Outlines the Key Legal Requirements for Drivers and Operators of School

This document outlines the key legal requirements for drivers and operators of school minibuses and describes the support teachers should be given before they agree to drive a school minibus.

SCHOOL MINIBUSES

Minibuses[1] are a valuable asset to those schools which are fortunate enough to own or have use of one. They allow pupils access to the many benefits of out-of-school activities. Driving a minibus is not, however, a task to be undertaken lightly – the safety of pupils and staff should always be the first consideration. Employers are required to provide a safe place of work. This includes ensuring that any minibus an employee drives, is safe.

Teachers cannot be required to drive a school minibus. Teachers who volunteer to do so, however, should take careful note of the advice in this document.

GENERAL LEGAL REQUIREMENTS

Every minibus must:

·  be correctly licenced;

·  display a valid tax disc for the correct category of vehicle;

·  be adequately insured;

·  be well maintained; and

·  have a valid MOT certificate, if more than 1 year old

THE DRIVER’S RESPONSIBILITIES

A teacher who volunteers to act as driver of a school minibus is personally responsible for its roadworthiness. If any defects are found by the police or the Vehicle and Operator Services Agency (VOSA), it is the driver who will be prosecuted. The driver is also responsible for any road traffic offences committed. The minibus insurance policy should cover:

·  all the uses to which the minibus is put;

·  the total number of passengers allowed and the total weight; and

·  all the people allowed to drive the minibus.

Comprehensive cover is required to ensure that teachers are not liable for any damage which they may cause to the minibus itself as well as to other vehicles.

TRAINING FOR MINIBUS DRIVERS

Teachers should only agree to drive a minibus if they have received proper training. Indeed, some local authorities/employers make driving school minibuses conditional upon successful completion of the appropriate training. The NUT recommends, in line with Community Transport Association advice, that refresher training should be provided at least every 4 years. Even teachers who have received such training cannot, however, be required to drive a minibus. Trained drivers are safer drivers. Driving a minibus is significantly different from driving a car. Driver training should normally include:

·  familiarisation with the vehicle;

·  simple vehicle checks to be conducted before each journey (see next section);

·  emergency procedures;

·  passenger care, including disability awareness;

·  use of seatbelts/harnesses, etc;

·  use of passenger lifts or ramps, if relevant;

·  loading/unloading and securing of wheelchairs;

·  journey planning; and

·  road assessment on the types of road the driver is likely to use, for example, motorways, dual carriageways, urban/rural roads etc.

Practice circuits around the school playground clearly do not constitute proper training. Many local education authorities provide accredited training schemes for minibus drivers, including essential refresher training every 4 years, or more often if an incident merits it (for example if a driver is convicted of a traffic offence, or is involved in a blameworthy collision). One of these is the Minibus Driver Awareness Scheme (MiDAS) operated by the Community Transport Association (CTA). Contact your NUT health and safety adviser, division secretary or your NUT regional or Wales Office for details. Contact details for the CTA are listed at the end of this document.

SAFETY CHECKS ON SCHOOL MINIBUSES

Teachers who drive school minibuses should not be expected to act as mechanics; there should always be a proper vehicle maintenance system in operation. Since drivers will be legally responsible for vehicle defects, however, a basic pre-drive safety check is essential. A checklist should be kept in the vehicle and teachers should always check:

·  the location of relevant paperwork (insurance, driving licence);

·  all doors (including emergency doors) - unlocked but firmly shut;

·  tyres - for damage, wear, pressure and the security of wheels;

·  exterior bodywork for damage (including glass);

·  light lenses, reflectors, mirrors and number plate (for damage and cleanliness);

·  presence of a valid Tax Disc and Section 19 Permit;

·  Disabled Passenger Vehicle class (DPV)[2] shown where applicable;

·  condition and operation of all seatbelts - vehicle not to be used otherwise;

·  all fluid levels - fuel, oil, coolant, brake / clutch, windscreen washer - verifying that there are no leaks;

·  interior condition of vehicle - cleanliness, damage and secure stowage of loose items;

·  seat anchorage, tail-lifts and any securing devices (accessible vehicles)

·  first aid kit[3];

·  fire extinguisher(s) (foam or water) (if passengers in wheelchairs are being carried, there must be two);

·  position of driving seat and mirrors;

·  there is a spare set of bulbs;

·  operation of lights, indicators, washers, horn, ventilation and any switches;

·  operation of handbrake and footbrake;

·  that passengers and driver are wearing their seatbelts;

·  on moving off, the operation of steering, footbrake and speedometer; and

·  whilst driving, gauges are working and no warning lights appear and no excessive engine exhaust smoke is present.

The regular vehicle maintenance system should monitor more detailed mechanical matters. If there appear to be any faults which might affect the passengers’ safety, then the vehicle should not be used until they are all remedied. According to the Belt Up School Kids (BUSK) campaign, the commonest fault affecting minibuses, particularly twin rear wheel minibuses, is under-inflated tyres. Where access to rear tyre valves is difficult, the fitting of extension valves is a cheap and effective solution.

DfE GUIDANCE ON SCHOOL MINIBUSES

There has in the past been some confusion regarding who is entitled to drive a school minibus. Conflicting interpretations of the law in this area have led to uncertainty amongst employers and employees. Consequently the NUT welcomed the publication in August 2013 of Driving school minibuses – advice for school employers, head teachers and other school staff. This document, published by the Department for Education, the Department for Transport and the Association of Chief Police Officers, available at www.education.gov.uk/aboutdfe/advice/f00224308/departmental-advice-minibuses, clarified a number of points which had hitherto been the subject of debate amongst employers and others. Whilst the publication of this new advice will not guarantee the absence of further dissent, it certainly resolves the most commonly asked questions on this issue.

First it is important to set out the key qualifications and requirements needed to drive school minibuses. Teachers who have passed the necessary test and hold a full D1 (or D) PCV entitlement can drive minibuses for hire or reward (see below for a definition of ‘hire or reward’). If the terms and conditions of a teacher’s contract of employment state that driving minibuses is part of his/her duties or if a teacher is paid an additional sum for driving the minibus (other than out of pocket expenses) then he/she would be considered as receiving payment for driving a minibus. In such circumstances a D1 (or D) PCV entitlement licence would be required.

However, the DfE advises that if a teacher’s contract of employment does not state that driving minibuses is part of their duties and they receive no extra payment for driving pupil on school trips etc., they will be driving on an extra-contractual, voluntary basis; in this case a category B car licence would suffice (assuming compliance with the conditions below) even if the school reimburses the teacher for fuel, parking and tolls.

CONDITIONS FOR DRIVING A MINIBUS ON A CAR LICENCE

Teachers who passed their category B (car) driving test before 1 January 1997 can drive a minibus (so long as it is not being used for hire or reward) as such licences automatically include category D1 (101) (not for hire or reward) entitlement[4]. This means school staff with such a licence can drive a minibus carrying up to 16 passengers with no maximum weight restriction on the vehicle. Drivers with a D1 + E (101) (not for hire or reward) entitlement can tow a trailer over 750kg.

Those teachers who passed their category B driving test on or after 1 January 1997 can drive a minibus (again, not being used for hire and reward) so long as:

·  they are over 21 and have held a category B licence for at least 2 years;

·  the minibus is used by a non-commercial body (this will apply to most schools except independent schools without charitable status);

·  the driver receives no payment other than out of pocket expenses (e.g. fuel and parking costs);

·  the maximum unladen weight of the minibus is no more than 3.5 tonnes (or 4.25 tonnes where specialist equipment is used for carrying disabled passengers); and

·  a trailer is not towed.

CHARGING FOR RUNNING COSTS – SECTION 19 PERMITS

If you need to charge passengers for running costs you can apply for a minibus permit (known as a ‘Section 19 permit’), as long as:

·  you are 21 or older;

·  the vehicle can carry between 9 and 16 passengers;

·  you’re driving it for a voluntary organisation that benefits the community (such as an educational, religious or sports organisation);

·  the minibus service is only available for members of your organisation - not to the general public; and

·  any charges are to cover running costs and are made on a non-profit basis.

You can apply for a Section 19 permit from

·  your local authority;

·  from the Vehicle and Operator Services Agency (VOSA) at (telephone: 0300 123 9000); or

·  from Traffic Commissioners. Details of how to contact Traffic Commissioners in your area are available on www.gov.uk.

Section 19 permits are issued to organisations concerned with education, social welfare or other activities of benefit to the community. They allow certain organisations, including schools, to make a charge without having to comply with the full public service vehicle operator requirements and without the need for the driver to have a full PCV[5] Category D1 or D, licence.

It should be noted that Section 19 permits only apply within the UK. They are usually free, or available for a small fee. Schools must hold a Section 19 permit if minibus journeys are funded (including voluntary contributions) by outside sources such as parents or parent teacher associations. Teachers may be held personally liable if they drive a minibus without such a permit where one is required. Only non-profit making charges, such as for the recovery of running costs including depreciation, may be made under a Section 19 permit.

All teachers who drive a minibus under a Section 19 permit must, by law:

·  ensure a permit has been obtained if one is needed, and displayed on the windscreen;

·  hold the appropriate full driving licence to do so;

·  be at least 21 years old;

·  be insured to drive the vehicle in question;

·  not drive a minibus with more than 16 passenger seats; and

·  have held a full driving licence for at least two years when driving a minibus under a Section 19 permit.

All drivers must comply with any additional requirements imposed by the local authority, school or other employer, or insurers. These may relate in particular to training, age, exemption from holding a minibus D1 PCV or length of qualification to drive.

‘HIRE OR REWARD’

A vehicle which is operated for hire or reward is one where the passengers pay a fare for the right to be passengers, irrespective of the person to whom the payment is made. The payment could be in cash or in kind; it could be a direct payment such as a fare or an indirect payment which gives a person the opportunity to travel. The operator of the minibus may or may not be a profit-making entity. A minibus is used for hire or reward if there is a clear and logical link between payment and the provision of transport and that link is not too remote.

In other words, if pupils are not obliged to pay for the right to be passengers, the minibus is not being used for hire or reward. This applies to most types of school including independent schools with charitable status, free schools and academies, where the minibus is not used for a passenger service on a commercial basis but to take pupils off-site for curricular purposes. Independent schools which lack charitable status could be viewed as commercial bodies and consequently the DfE advises such schools to seek their own legal advice.

If schools (or their insurers) are concerned that they may not meet the definition of not operating for hire or reward the DfE advises them to consider applying for a Section 19 permit.

OUT OF POCKET EXPENSES

Out of pocket expenses are remuneration for fuel costs, parking fees, toll fees or similar expenses incurred as part of a trip. The driver should receive no other payments for driving the minibus; as such payments would constitute hire or reward.

WEIGHT OF VEHICLE

The weight of the vehicle (sometimes known as the Maximum Authorised Mass or MAM) is displayed on a metal or plastic plate situated in the engine shell or on a door pillar. Minibus weights vary, but it is possible to find UK manufacturers currently making lightweight minibus models of 3.5 tonnes. If the minibus is fitted with specialist disability equipment, the weight exemption level is raised to 4.25 tonnes. These weight limits are important as they are a legal requirement for those teachers who passed their category B driving test on or after 1 January 1997.

INSURANCE MATTERS

It is up to minibus drivers to check with their own insurers whether their insurance policy will cover a minibus in the circumstances in which it is proposed to be driven.

AGE AND HEALTH REQUIREMENTS

Every driver must comply with medical requirements for any driving licence issued. Drivers reaching the age of 70 will have to renew their licence, meeting the appropriate medical standards. Information on this can be found in the DVLA INF28 leaflet at http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_4011275.pdf.